United States v. Rogelio Mota Valdovinos, United States of America v. Eudoro Gonzales Farias

The appellants were indicted, tried by a jury, and convicted of conspiracy to possess with the intent to distribute and to distribute heroin [ 21 U.S.C. §§ 841 (a)(1), 846], and with aiding and abetting the distribution of heroin [ 18 U.S.C. § 2 and 21 U.S.C. § 841 (a)(1)]. Appellant Farias was also convicted of possession of 4.31 grams of heroin with the intent to distribute [ 21 U.S.C. § 841 (a)(1)]. We affirm.

BACKGROUND

The appellants are charged with conspiring with four others to possess and distribute heroin, etc. They acknowledge the existence of the conspiracy, but argue that the evidence was insufficient to prove their participation therein or their aiding and abetting thereof. Inasmuch as this is their central challenge, we will give an overview of the conspiracy and then detail the evidence of the appellants’ participation.

In January of 1976, Agent Loya of the Drug Enforcement Administration met with two of the conspirators to discuss the purchase of heroin. On January 22, 1976, after having received some samples, Loya bought one ounce of heroin with marked money from conspirator Alvarez. The following day, Loya agreed with Alvarez on the purchase of approximately…